Simon v. Health Net
Plaintiff and appellant Marine Simon (Simon) appeals a judgment following a grant of summary judgment in favor of defendants and respondents Health Net of California, Inc. (Health Net of California) and Health Net, Inc. (Health Net).
The essential issue presented is whether Simon complied with the California Fair Employment & Housing Act’s (FEHA) exhaustion requirement before filing suit. (Gov. Code, § 12900 et seq., § 12960.)[1]
With respect to Health Net, we conclude the instant action is barred because Simon failed to file an administrative complaint with the Department of Fair Employment & Housing (DFEH) prior to filing suit. Simon’s DFEH complaint, which solely named Health Net of California, cannot be construed to extend to Health Net.
As for Health Net of California, this action is barred because, as the trial court found, Health Net of California was not Simon’s employer at the time of the acts alleged in the complaint.
Therefore, the judgment is affirmed.
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